1. Which of the following requirements is included in those generally required by courts to reduce murder to manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. there must have been no opportunity to cool off
d. all of these are included in the requirements for reducing murder to manslaughter.

2. Which of the following requirements is NOT included in those generally required by courts to reduce murder to manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. the killing must not have occurred during another crime
d. there must be a causal connection between the provocation, the rage or anger, and the fatal act

3. The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is
a. habeas corpus
b. corpus collosum
c. corpus delicti
d. corpus respondeat

4. If the body of the murder victim is never found, the defendant
a. may be held in custody indefinitely
b. may be convicted based on circumstantial evidence
c. can never be convicted of murder
d. may be convicted only of manslaughter

5. When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act
a. jurors may speculate as to cause of death
b. the defendant is still likely to be convicted of murder
c. the defendant will likely plead self defense
d. corpus delicti has not been proved

6. The U.S. Supreme Court upheld the Oregon Death with Dignity Law because it reasoned that treating a physician writing a prescription for a mercy killing as “drug abuse” was
a. unreasonable
b. ridiculous
c. irresponsible
d. reasonable

7. Under the old common law
a. the killing of a fetus was a capital offense
b. killing a fetus carried the same penalty as for killing an adult
c. murder of a newborn required showing it was born alive
d. murder of a child required the child have lived at least one-year-and-a-day

8. Which of the following is NOT required under the Oregon Death with Dignity Law for a person to legally commit suicide?
a. a patient must be found to be terminally ill and have less than six months to live
b. patients must have the mental capacity to fully understand the situation that confronts them
c. a 15-day waiting period after the patient applies and is found to have qualified for physician-assisted suicide
d. a physician must prescribe and administer the drugs to end the patient’s life

9. Under the common law, the killing of a fetus was
a. not a homicide
b. feticide
c. homicide
d. genocide

10. At common law, how soon must a victim die after time of the wrongful act for a homicide conviction?
a. one year and a day
b. one year
c. one month
d. one day

11. The doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead is called
a. transferred intent
b. manslaughter
c. voluntary manslaughter
d. involuntary manslaughter

12. If a person is killed during the commission of a felony not listed in § 1111, it is
a. not murder solely because of the felony committed
b. not murder
c. murder solely because of the felony committed
d. none of these answers is correct

13. Which of the following is almost never sufficient provocation to reduce a charge of murder to that of manslaughter?
a. words and gestures
b. battery
c. adultery
d. trespass

14. Corpus delicti means the
a. body of the crime
b. scene of the crime
c. essence of the crime
d. victim of the crime

15. A killer whose gun shot misses the intended victim but kills a bystander can be convicted of the intentional murder of the bystander by use of the doctrine of
a. transferred intent
b. accidental murder
c. common design
d. concurrent mens rea

16. A death at the hands of one who intended to do only serious bodily harm
a. will be prosecuted as a misdemeanor
b. will be prosecuted the same as intentional murder
c. will likely be prosecuted for a lesser degree of murder
d. cannot be prosecuted

17. Depraved-mind murder
a. includes specific intent to injure or harm
b. is called second-degree murder in some states
c. is always a capital offense
d. is a misdemeanor

18. A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of
a. depraved heart murder
b. involuntary manslaughter
c. felony murder
d. excusable homicide

19. Most states have
a. abolished the felony murder rule
b. reduced felony murder to a misdemeanor
c. found felony murder to be unconstitutional
d. retained some form of the felony murder rule

20. Some states have limited the felony murder rule by requiring that the
a. defendant have intend to kill the victim
b. felony is a dangerous one
c. victim has actively opposed the defendant
d. victim has acted negligently

21. Today, medical science makes proving the connection between actions and a resulting death much easier and clearer, so most states have dropped the
a. year-and-a-day rule
b. decade-and-a-day rule
c. month-and-a-day rule
d. week-and-a-day rule

22. If it appears the victim may have provoked the killing, the defendant will likely be charged with
a. felony murder
b. manslaughter
c. first-degree murder
d. depraved-mind murder

23. In those states that still have the born alive requirement, a fetus must be born “alive” before its death can be
a. murder
b. voluntary manslaughter
c. manslaughter
d. feticide

24. The crime commonly charged when the victim causes the defendant to become enraged to the point of losing normal self-control and killing, is
a. depraved-mind murder
b. depraved-heart murder
c. heat of passion manslaughter
d. felony murder

25. Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended victim is “transferred” to the killing of
a. an unintended victim
b. a felony victim
c. the co-defendant
d. any injured police officer

26. If there is an interval between the act provoking the killer and the killing, the jury will consider if there was
a. an intent to kill
b. a deadly weapon used
c. a cooling of the blood
d. perfect defense

27. Which of the following DO NOT require proof of intent to kill?
a. involuntary manslaughter
b. reckless homicide
c. second degree murder based on intent to do serious bodily injury
d. none of these required proof of intent to kill

28. In all states, the death of the victim of a listed felony, and a third person killed by the felon, constitute
a. felony murder
b. involuntary manslaughter
c. first degree homicide
d. voluntary manslaughter

29. When extreme negligence or wanton or reckless conduct on the part of the defendant brings about an unintended death, the charge will most likely be
a. depraved-mind murder
b. capital murder
c. felony murder
d. involuntary manslaughter

30. The State of Oregon has the power to determine what conduct is criminal in that state
a. unless it contravenes some Federal law
b. no matter what
c. unless it contravenes some other states law
d. none of these answers is correct

TRUE/FALSE

1. If a murder victim’s body is never found, the defendant cannot be convicted of murder.

2. Under the old common law, the killing of a fetus was not a homicide.

3. Most states have abrogated the year-and-a-day rule.

4. Involuntary manslaughter requires proof of intent to kill.

5. A charge of murder could be reduced to manslaughter if provocation existed to cause the criminal conduct.

6. The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the intended victim is killed.

7. Most states still have some form of the felony murder rule.

8. Felony murder is the appropriate charge when the defendant was provoked into losing normal self-control resulting in a killing.

9. The test of the adequacy of provocation in a voluntary manslaughter case is how a reasonable person would react to the provocation.

10. The U.S. Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance Law.

COMPLETION

1. The term ____________ delicti means the body or substance of a crime.

2. When the common law year-and-a-day rule is abrogated by a state supreme court, the court must determine whether to make the abrogation retroactive, or .

3. Because most criminal homicide statutes prohibited only the killing of a “person” or a “human being,” these statutes did not include the killing of a , which was not a person under the common law.

4. A doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead. The individual causing the harm will be seen as having “intended” the act by means of the “ intent” doctrine.

5. Many states divide _____________ into two categories: voluntary and involuntary.

6. For the crime to be voluntary manslaughter, the crime must have resulted from a sufficient or adequate ___________.

7. The test of the adequacy of provocation in manslaughter cases is determined by how the average or ____________ person would react under those circumstances.

8. Imperfect self-defense can reduce a charge of murder to that of ___________.

9. Involuntary manslaughter and homicide do not require proof of intent to kill.

10. When a person participates in the death of another, the act may constitute the crime of murder or __________________.

CHAPTER 11
ASSAULT, BATTERY, AND OTHER CRIMES AGAINST THE PERSON

MULTIPLE CHOICE

1. In the case of assault, the aggravating factors are usually
a. use of a firearm
b. intent to commit a felony
c. use of a firearm or intent to commit a felony
d. none of these answers is correct

2. An assault made more serious by presence of a firearm or as part of intent to commit a felony is called
a. aggravated assault
b. battery
c. completed assault
d. assault

4. A defense in which the defendant claims the other party was the aggressor and the defendant acted in self-defense is known as the
a. aggressor defense
b. mutual combat defense
c. reasonable discipline of a child by a parent
d. necessary conduct defense

5. What is the name of an unlawful striking or offensive touching?
a. robbery
b. aggravated assault
c. battery
d. mayhem

6. Who of the following are required, by law, to report suspected child abuse?
a. doctors
b. teachers
c. nurses
d. all of these

7. An assault or battery can occur in a contact sport
a. if it is not consented to in writing
b. only if it constitutes a felony
c. if it is beyond the rules of the game
d. if the players differ in size

8. A defense to a charge of unwanted touching or physical contact could be that the touching was
a. offensive
b. accidental
c. belligerent
d. disorderly

9. Under the Model Penal Code, giving someone a fierce look with intent to frighten would
a. not amount to a crime
b. be a simple assault
c. constitute the crime of menacing
d. be a battery

10. The defense to an assault or battery charge that a fight occurred in which all the parties willingly engaged is known as the
a. aggressor defense
b. mutual combat defense
c. medical care defense
d. the jostling defense

11. On the federal level, which of the following crimes would constitute disablement of the normal functioning of a human body?
a. affray
b. jostling
c. mayhem
d. disorderly conduct

12. When seeking to avoid the defenses that the other party was the aggressor or that mutual combat occurred, police and prosecutors are likely to charge
a. disorderly conduct
b. lesser assault
c. public intoxication
d. misdemeanor assault

13. An assault or battery may be a felony offense
a. because of the seriousness of the victim’s injuries
b. because a dangerous or deadly weapon was used
c. because of the seriousness of the victim’s injuries, and because a
dangerous or deadly weapon was used
d. though not because of the seriousness of the victim’s injuries, nor because
a dangerous or deadly weapon was used.

14. If a victim is intentionally selected because of their race, religion, color, nationality, etc., the defendant may be charged criminally
a. with discrimination
b. with hate crime
c. abuse
d. with a violation of constitutional rights

15. Parents have a legal duty to provide their children with the following EXCEPT
a. education
b. reasonable physical environment
c. money
d. clothing

16. The amount of force that parents may reasonably use in controlling their children is determined in view of
a. community standards
b. the child’s age and sex
c. the child’s level of education
d. how the parents were raised

18. Because kidnapping requires the victim to be moved “some distance” or a “substantial distance,” some states have created the crime of
a. false imprisonment
b. abduction
c. involuntary servitude
d. hostage taking

19. All of the following are defenses to a charge of assault or battery except
a. that the other party consented within the rules of the sport being played
b. that it was reasonable discipline of a child by a parent
c. that the conduct was necessary and lawful
d. all of these are defenses to a charge of assault or battery

20. An individual who unlawfully restrains or detains another may be charged with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. none of the above

21. A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. none of the above

22. The primary difference between the offenses of “kidnapping” and “hostage taking” is
a. one is a felony while the other is a misdemeanor
b. there is no difference, the offenses are identical
c. only kidnapping requires forcible movement of the victim
d. only hostage taking was a crime at common law

23. The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act is the definition of
a. hostage taking
b. kidnapping
c. battery
d. assault

24. In most states parental kidnapping
a. is a civil offense only
b. may be dealt with only as part of a pending divorce case
c. is a misdemeanor
d. is a felony

25. Under the federal Missing Children’s Assistance Act, parents of missing children
a. have access to the National Crime Information Center’s missing
person files
b. can file kidnapping charges against spouses who kidnap children
c. must be informed of all law enforcement efforts to find the child
d. may sue kidnappers for money damages

26. In 1996, Congress passed a law that forbids anyone convicted of which of the following crimes from possessing a firearm?
a. child abuse
b. elder abuse
c. affray
d. domestic violence

27. What crime is similar to kidnapping but does not require moving the victim a “substantial distance”?
a. hostage taking
b. interstate kidnapping
c. parental taking
d. hostage kidnapping

28. The FBI can enter parental kidnapping cases through the Fugitive Felon Act if which of the following conditions exist?
a. a state arrest warrant has been issued charging the parent with a felony violation
b. law enforcement officers have evidence of interstate flight
c. a specific request for FBI assistance must be made by state authorities, who agree to extradite and prosecute
d. all of these answers are correct